Hanoch Dagan and Avihay Dorfman, Relational Justice: A Theory of Private Law (2024). It is not every day that we are presented with a new theory of private law that invites us to see the project of private light in a new way. In a move familiar to philosophers of contract and tort but perhaps surprising to American scholars of those subjects from other traditions and methods, Hanoch Dagan and Avihay Dorfman take ‘private law’ as the operative unit of analysis. Like theories of corrective justice, they aim to identify foundational principles that apply across contract and tort. The language of ‘relationality’ is also familiar from the corrective justice literature. However, Dagan and Dorfman offer us a new way to understand the moral demands that flow from ordinary relationships … (more)
[Aditi Bagchi, JOTWELL, 8 April 2025]
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